Chile - Divorce History

In March 2004 the Congress of Chile approved legislation to legalize divorce after 9 years of debate and a 120 year divorce ban. The legalized divorce was signed into law during May 2004 by President Ricardo Lagos of Chile. The first divorces took place on November 18 2004 when the law first went into effect. Couples that want to divorce are required to undergo 2 months of counseling and separation of 1 year if both parties agree, or 3 years separation if the couples don't agree. The separation period can be waived by a judge for "violations of marital duties" that include violence, drugs, criminal acts, prostitution or homosexuality. Despite the Catholic Church's heated opposition to the law, Lagos was quoted as saying "We cannot impose the positions of one sector of our society on all Chileans". Until the legalization, couples had to find creative ways to secure annulments - such as saying a false address had been given when they married. Despite the excessive cost (3+ months salary) involved in the nearly-sham annulments, more than 6,000 couples sought it each year. The new legal divorces cost less by about half.

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